New York · est. 2013Saturday, September 5, 2026
Inside Immigration

Plain-language guides to US immigration, asylum and USCIS procedure.

Formularios · Humanitarian

Affirmative asylum with USCIS

Asylum applied for with USCIS by someone who is not in immigration court. The application must normally be filed within one year of the last arrival, and it is decided by an asylum officer after an interview rather than by a judge. A grant gives asylee status, work authorisation, and a route to a green card after one year; a denial for someone without other status is referred to an immigration judge, where it becomes a defensive case.

Tiempo habitual: USCIS does not publish a median. Cases filed since the 2018 last-in-first-out change can be interviewed within months or wait years, depending on the office.Tarifas: $100 at filing plus $102 for each year the case is pending, plus $470 to $520 for the work permit and any Public Law 119-21 EAD fee. No USCIS filing fee for the I-589 itself.

Leer esta página en inglés

Para quién es. Anyone physically present in the United States who fears persecution at home on the basis of race, religion, nationality, political opinion, or membership in a particular social group, and who is not already in removal proceedings.

Los formularios, en orden

4 formularios
I-589I-765G-1256G-28
  1. 1

    File Form I-589 within one year of your last arrival in the United States

    I-589

    Quién
    The applicant, including a spouse and unmarried children under 21 as derivatives
    Cuándo
    Within 1 year of last arrival, with narrow changed- and extraordinary-circumstances exceptions
    Tarifa
    $0 USCIS fee plus the $100 Public Law 119-21 asylum application fee, principal applicant only

    USCIS sends a receipt notice and a biometrics appointment notice. Do not send a fingerprint card or fingerprint fee.

  2. 2

    Attend the biometrics appointment at an Application Support Center

    Quién
    The applicant and every derivative family member, regardless of age
    Cuándo
    Usually a few weeks after filing
    Tarifa
    $0

    Missing it without requesting a reschedule within 10 calendar days, with evidence of exceptional circumstances, can get the application dismissed or referred to an immigration judge.

  3. 3

    Wait 150 days from filing, then apply for a work permit

    I-765

    Quién
    The applicant
    Cuándo
    Apply on day 151; USCIS may grant on day 180 if the clock has not stopped
    Tarifa
    $520 paper or $470 online, plus a $560 Public Law 119-21 fee on an initial (c)(8) EAD in ABC cases and $280 on renewals

    Any applicant-caused delay stops the asylum clock and pushes the eligibility date back.

  4. 4

    Attend the asylum interview

    G-1256G-28

    Quién
    The applicant, with any derivative spouse and children, plus an interpreter if needed
    Cuándo
    Scheduling follows the asylum office bulletin, not a queue position
    Tarifa
    $0

    The interview usually runs about an hour. You may bring an attorney, an interpreter, and witnesses.

  5. 5

    Receive the decision

    Quién
    USCIS asylum office
    Cuándo
    Usually collected in person about two weeks after the interview; mailed if you are in valid status, were interviewed at a field office, or have pending checks
    Tarifa
    $0

    A grant gives asylee status. A referral sends the case to an immigration judge for a fresh hearing.

  6. 6

    Pay the Annual Asylum Fee each year the case stays pending

    Quién
    The principal applicant
    Cuándo
    USCIS sends a notice; pay within 30 days
    Tarifa
    $102 per year, adjusted annually by statute

    An unpaid Annual Asylum Fee blocks approval. It cannot be waived.

Dónde suele fallar

  • Missing the one-year deadline is the single most common way asylum claims fail, and the exceptions are narrow.
  • Filing with USCIS when you are already in EOIR proceedings gets the application rejected; check the EOIR case information system first.
  • Any delay you cause - rescheduling an interview, asking for more time - stops the 180-day work permit clock.
  • Travelling abroad on advance parole after applying can be treated as abandoning the claim, and CBP can refuse to parole you back in.
  • The Public Law 119-21 fees cannot be waived, so a genuinely destitute applicant still owes $100 at filing.

Qué cambió en 2025 y 2026

  • Public Law 119-21 introduced a $100 asylum application fee and a $102 Annual Asylum Fee, neither waivable.
  • As of February 5, 2026 USCIS paused collecting both fees from Ms. L. v. ICE settlement class members and their qualifying family members; those applicants must file on paper and write 'Ms. L Settlement Class Member' on the first page.
  • Form I-589 has a new 07/28/26 edition.
  • The Circumvention of Lawful Pathways rule sunsetted on May 12, 2025 but still applies to people who entered between May 12, 2023 and May 11, 2025, and USCIS continues to apply it pending the district court's decision on remand.
  • A 2025 interim final rule ended automatic EAD extensions on renewal, so a late I-765 renewal now means a gap in work authorisation.

Trámites relacionados

Fuentes: uscis.gov · uscis.gov · uscis.gov · uscis.gov · uscis.gov · uscis.gov